Exposure to Hepatitis C Could Spark Lawsuits

Alan Ripka
Attorney
(866) 735-1102 Ext 308
Posted by Alan RipkaJuly 16, 2009 12:14 PM

Today’s news and newspapers uncovers Northern Westchester hospital, in Westchester NY, as having potentially exposing 6,000 patients to Hepatitis C. The patients were injected with what they thought was Fentanyl, a painkiller. However, a surgical technician had substituted the drug with saline after injecting herself because of a drug dependency. She put back the very needles she used, which were then used on patients. The surgical technician had Hepatitis C, which infected many of the needles, thus infecting patients that were injected with the same needle. All of these patients may have a lawsuit for medical malpractice or negligence for their personal injuries.

Hepatitis C is a liver disease caused by the Hepatitis C virus. It can result in liver cirrhosis and cancer. It is mainly transmitted through contact with the blood of an infected person, primarily through sharing contaminated needles to inject drugs. Symptoms can include decreased appetite, fatigue, abdominal pain, jaundice, itching, and flu-like symptoms. However, most infected people experience no symptoms, and the infection is many times discovered accidentally. Although infection can be treated with medication, only around half of those infected are completely cured.

It is Alan Ripka’s opinion that the hospital and their agents were negligent in allowing this to happen. The hospital should have supervised its employees and been certain that the needles and drugs were counted, monitored, and supervised. By allowing access to these narcotic painkillers, they put the public at risk, especially patients who would be injected with these syringes. Not to mention that the patients who needed the pain killer to relieve their discomfort received nothing more than the saline solution that had been substituted by the drug-addicted surgical technician. The hospital and their staff should have seen that the patients were getting no relief from their pain and investigated why. They would have then determined with simple lab tests that the syringes or needles didn't contain the painkiller, but instead, the saline solution, and this would have triggered an investigation that would have prevented this from occurring. Now, as a result of this medical malpractice, many innocent people will live with Hepatitis C.

If you, a friend or loved one was at or treated at Northern Westchester Hospital between October 8, 2007 and February 28, 2008, and believe you may have been exposed, please contact our law office. The professional team of lawyers at Napoli Bern Ripka law firm can evaluate your situation and determine the next steps to gain justice for you and your family. Napoli Bern Ripka, LLP has fought against large companies in other matters and will fight for you if we believe you have a potential case for medical malpractice, products liability, personal injury, and is prepared to go to court and have a trial if necessary. Please contact Alan Ripka, one of our partners.

5 Comments

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Jan BoswellInjuryBoard Contributor
Posted by Jan Boswell
July 16, 2009 1:15 PM

You are right that the unrelieved pain should have been a red flag. Pain is considered the 5th vital sign and is to be monitored as closely as the other vital signs.
Also, you have to wonder about the ability of the surgical tech to get narcotics. It will be interesting to see how the tech got access to this drug.

JILL PAUL RN
Posted by JILL PAUL RN
July 16, 2009 2:12 PM

Alan, I agree with Jan's comments above. In our hospital, only RN's have access to narcotics and controlled substances - not techs. I must be naive (and I'm a seasoned RN), but how could she get a hold of 6,000 doses in such a short time frame? Our Fentanyl is supplied in 2 cc glass vials where we have to draw up the single dose ourselves. It does not come supplied in syringes with needles attached. This is one drug (unlike Diprivan) that must be signed out and accounted for with the patient's name on the narcotics book and the RN's name who administered the drug. I would have a lot of questions for the Hospital Administrator where this took place. I suppose anything is possible when you are an addict determined to get the drug yourself.

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July 17, 2009 12:39 PM

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RN BSN
Posted by RN BSN
August 07, 2009 5:35 PM

I am a RN who contracted HCV from my job; I was teaching another RN to draw blood, I was holding the small red box for used syringes, she stabbed me in my hand with the used syringe. This happened in Spring 1992. I had sx as early as 1996 but was tested for Lyme disease. I was dx in 8/1998 with HCV geno type 1B. I donated blood and received a notice about this problem. I did pegylated interferon & a ribaviron; rebatol (spelling??) for a year. The HCV returned. Then I did pegasys interferon & copegus; ribaviron for 6 months. The HCV has been "undetected" since 3/2004. They say if it remains undetected for a year, at least, it will not return. There is no cure. I won my comp case and I was offered a settlement. I declined the settlement because I was still on treatment. Now because of my fiancial situation, I am thinking of asking for a settlement but leery about doing so. I am going to comp court next week to try to get the insurance company to pay for medications relating to permanent damages from the HCV meds.

RN BSN
Posted by RN BSN
August 07, 2009 5:48 PM

OK---I still have anxiety and a permanent thyroid disorder from the HCV meds. Due to the thyroid disorder I have an elevated cholesterol level. When on treatment I had bloody stools and severe abdominal pain. I did not experience depresssion, at least, no more depression than I usually had. I am greatful that I did not develope diabetes which is another permanent damage from the HCV meds. I, also, had pneumonia, not while I was on treatment but between treatments. I recently found out that one can get gum/dental problems from the treatment. I was never informed of this. I need to see a periodontist; this is what I seek at comp court, as well.

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